Evaneos Terms of Use
Version as of July 1st, 2026
Using the websites and/or mobile applications published and developed by Evaneos commits you to comply with these terms. We therefore recommend that you read our Terms of Use carefully before any use.
In the text that follows, the terms Evaneos (hereinafter “Evaneos”, “we”, “us”, “The Company” or “our”) refers to the company Evaneos, all of whose identification details are available here: https://www.evaneos.com/evaneos/legal-notices/.to . The term "you" refers to any person visiting https://www.evaneos.com (“Website”).
The Website is provided solely to assist you in gathering travel information, determining the availability of travel and related goods or services, making legitimate reservations, and for no other purposes.
We offer the Website, including all information, tools and services available from the Website to you conditioned upon your acceptance without modification of these terms of use and other policies and/or notices stated in this document, including without limitation our Privacy Policy, also available on our Website (collectively, “Terms of Use”). Please read these Terms of Use carefully, as they contain important information about limitations of liability and dispute resolution. By visiting our Website or booking any reservations for travel products or services on this Website, or contacting our call center, you agree that the Terms of Use then in force shall apply. If you do not agree to the Terms of Use, please do not use our Website, contact us, or book with us.
These Terms of Use have been drawn up for Users of the Website and Mobile App published and developed by Evaneos. They must be accepted whenever an Account is created.
They do not govern the relationship between Evaneos and the Local Agencies.
Persons who act in the name of and on behalf of Users or Travelers (travel agencies, legal entities or individuals) using the Services or ordering Travel Services on behalf of a Traveler must provide such Users or Travelers on with a copy of these Terms of Use. As the acceptance of the Terms of Use is compulsory when an Account is created, such persons accept them in their own name but also in the name and on behalf of said Users or Travelers, who are likewise bound by their terms in connection with any use of the Services made by them or on their behalf.
Preliminary Article: Definitions
“Local Agency” or Local Agent refers to the local, independent tourism business based in a destination country that builds travel services and sells them on the Evaneos Website and Mobile App, and to which payments made in connection with the Evaneos Services are remitted, after deduction of the commission owed to Evaneos.
“Mobile App” is an executable program downloadable on mobile, published by Evaneos, offering features and Content to which the User has access. The Mobile App is available in several languages.
“Account” refers to the individual Account created by the Member upon registration on the Evaneos Website and Mobile App.
“Content” refers to any text, graphic, image, music, audio, video, information or other element.
“Member Content” refers to any Content that a Member posts, submits, broadcasts, shares or transmits in order to make it available on the Website and Mobile App.
“Evaneos Content” refers to any Content that Evaneos offers through the Website and Mobile App, including any Content whether or not licensed from a third party.
“Member” refers to any adult person holding a duly completed and validated Account. The Member is an identified User of the Evaneos Website and Mobile App.
“Service” refers to all the products, features and applications accessible on the Website and Mobile App offered by Evaneos.
“Website” refers to the website published by Evaneos accessible at, https://www.evaneos.com, as well as its local and other-language versions published by Evaneos under separate domain names (such as www.evaneos.fr, www.evaneos.it, www.evaneos.de, etc.).
“User” refers to any person browsing the Website and Mobile App, whether or not a Member.
“You” refers to the User of the Evaneos Website and Mobile App.
“Traveler” refers to any person benefiting from the travel services.
PART ONE: EVANEOS SERVICES
Article 1. Description of the Evaneos Services
Evaneos is an online marketplace connecting Travelers and Local Agencies for the creation of tailor-made trips.
Through its Website and Mobile App, Evaneos offers the following Services to users who wish to organize their trips:
• Information, advice and practical fact sheets;
• Connection with Local Agencies for the creation of personalized trips;
• A system for sending contact details and information to chosen contacts and partners;
• A secure payment system to process payments to the Local Agencies;
• Information and sales of travel insurance related to the trip purchased;
• Posting and sharing of their travel files and travel photos;
• Creation and sharing of testimonials, comments and reviews;
• Creation and sharing of experience-related Content;
• Connection with customer service.
In providing the Services, Evaneos may use artificial intelligence systems, in particular in order to improve User experience and the quality of the services offered. Where required by law, Users are informed of their interaction with an artificial intelligence system.
Article 2. Evaneos’s intellectual property rights
Evaneos holds all intellectual property rights (such as, in particular, copyright, neighboring rights, trademark rights, database producers’ rights) relating both to the structure and to all the Evaneos Content (such as, in particular, images, sounds, videos, photographs, logos, trademarks, graphic elements, tools, software, documents and any other data) of the Evaneos Website and Mobile App.
There is no right of use or license to use this Evaneos Content without a specific, prior, written agreement from Evaneos, subject to the right of personal use granted in Article 3 of these Terms of Use.
Any reproduction, representation, publication, transmission, use or modification, in whole or in part, of Evaneos Content from the Website or Mobile App, made without the express authorization of Evaneos, is prohibited and will constitute an infringement punishable under applicable law.
Evaneos is also a database producer. Consequently, any extraction and/or reuse of a qualitatively or quantitatively substantial part of the content of these databases without authorization is prohibited and constitutes an infringement of the producer’s rights.
Acceptance of these Terms of Use entails the Users’ acknowledgment of Evaneos’s intellectual property rights and a commitment to respect them.
Article 3. Use of the Evaneos Website and Mobile App
Use of the Evaneos Website and Mobile App authorizes You to view, download and print the Content of the Website and Mobile App for your strictly personal and non-commercial use.
Any other use must be the subject of a specific, prior, written authorization request to Evaneos.
Unless express authorization has been given, it is strictly prohibited to reproduce, copy, transmit, redistribute, or republish all or part of the Content of the Evaneos Website and Mobile App, without the specific, prior, written authorization of Evaneos.
In addition, and in all cases, it is not permitted to modify the Content of the Evaneos Website and Mobile App, nor to modify or remove the copyright, trademark or proprietary notices associated with the Content.
By using the Evaneos Website and Mobile App, You agree to comply with these Terms of Use. Your use must also respect the rights of third parties and applicable laws.
You expressly undertake to indemnify Evaneos in the event of liability toward any third party, for any use of the Evaneos Website and Mobile App that does not comply with these Terms of Use.
Use of the Evaneos Website and Mobile App is not permitted for persons under 18 years of age, nor for persons who do not have the capacity to use them in accordance with all the provisions hereof.
Use of the Evaneos Website and Mobile App, in accordance with these Terms of Use, is free for its Users, excluding internet connection charges.
Article 4. Links to other sites; third-party sites
Use of the Evaneos Website and Mobile App may direct the User to third-party sites that are independent of Evaneos and that have their own terms of use.
These third-party sites are not published by Evaneos and, as such, Evaneos is not responsible for the Content present on these sites. Provided it has been notified at the contact details set out in Article 10 of these Terms of Use, Evaneos undertakes to immediately remove any link redirecting to manifestly unlawful content.
Subject to the provisions set out in Article 8 of these Terms of Use and except in the event of proven fault on its part, Evaneos bears no liability for the Content, advertisements, products, services or any other tool available on or from external sites or sources. Evaneos may not, moreover, be held liable for any damage in connection with the use of these links.
Article 5. Liability for Evaneos Content
Evaneos makes every effort to offer Users available tools and/or reliable information and/or Evaneos Content. However, Evaneos cannot guarantee Users the accuracy, completeness and/or timeliness of the information and/or Evaneos Content provided, nor the availability of these elements and tools, in particular with regard to the formalities applicable to travelers. This information is liable to change or may not correspond to your particular situation (depending on your nationality or family situation, for example).
Consequently, and subject to the provisions set out in Article 8 of these Terms of Use, Evaneos may not be held liable for the use of the information and/or Evaneos Content provided and/or the tools made available on its Website and Mobile App, except in the event of proven fault on the part of Evaneos.
Article 6. Use of community tools
The Evaneos Website and Mobile App allow Members who so wish to post photos, videos, stories, experiences, reviews, favorites and travel journals to share them with a wide audience. Thus, any Member may freely post, under their name, Member Content that will then be distributed by Evaneos.
In this respect, by transmitting Member Content, the Member grants Evaneos a license over all intellectual property rights it may hold in the Member Content, worldwide and for the entire term of protection of the Member Content by copyright. This license includes the right to distribute, reproduce, represent, adapt, translate or modify the Member Content the Member has posted. This license is granted for use on the internet, in particular the Website, the Mobile App, the Evaneos newsletters as well as Evaneos’ social media. It is granted free of charge, in consideration of the tools and services offered by Evaneos to distribute the Member Content. The Member further agrees that their name, as provided when sharing, may be associated with the Member Content on the aforementioned media. The Member Content may be used directly by Evaneos or through subcontractors or partners.
The Member also grants Evaneos a license over the intellectual property rights that any third parties might hold in any of the Member Content, and shall be responsible for obtaining from them, where applicable, an assignment of rights identical in scope to the assignment provided for in these Terms.
In the event that the transmitted Member Content contains the Member’s image, the Member authorizes Evaneos to commercially use their image. In this respect, the Member authorizes Evaneos to capture, reproduce, distribute, communicate, use, adapt and modify the Content, in whole or in part, in unlimited number, in full or by excerpt, on the Website and Mobile App as well as on Evaneos’s newsletters and social media. In this case, the Member confirms that they are an adult, as are all persons whose image appears in the Member Content, and that they have full legal capacity to give this authorization.
This authorization is given free of charge, worldwide, for the entire term of protection of the Content by copyright.
The image rights may be used either directly by Evaneos or by a subcontractor partner of Evaneos.
In the event that the Member Content shows the image of natural persons other than the Member, the Member undertakes to collect the express, specific, written authorization of these persons for the use of their image under the terms set out above before any transmission of the Content to Evaneos. The Member further warrants that neither they nor any third parties whose image appears in the Content are bound by an exclusive contract relating to the use of their image.
The Member undertakes to publish only Member Content that is appropriate and consistent with the purpose of the section.
The Member indemnifies Evaneos against any third-party claim under this article and undertakes to compensate it where applicable.
Article 7. Details regarding reviews
Members may also use the Evaneos Website and Mobile App to provide reviews, understood as the expression of the Member’s opinion on their experience through any qualitative or quantitative assessment element.
Article 8. Limitation of Evaneos’s liability
Evaneos does not guarantee, represent or warrant that your use of our Website will be uninterrupted, timely, secure or error-free. We may remove the Website for indefinite periods of time at any time, or permanently, without notice to you. We shall not be liable to you or to any third-party for any modification, change, suspension or discontinuation of the Website. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Website during any downtime or discontinuance of the Website. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Website or to supply any corrections, updates, or releases in connection therewith.
The material on the Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Website is at your own risk.
The Website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Website at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
You expressly agree that your use of, or inability to use, the Website is at your sole risk. Evaneos disclaims all warranties and conditions that the Website, its servers and email sent by us is free of harmful components. The information, software, and all products and services delivered to you through the Website are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Evaneos, our members, managers, directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Website or any of the service or products procured through the Website, or for any other claim related in any way to your use of the Website or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Website or any content (or product) posted, transmitted, or otherwise made available via the Website or our promotional documentation, even if advised of their possibility.
If despite the limitation above, Evaneos or our respective suppliers are found liable for any loss or damage arising from the above causes, then the liability of Evaneos and/or our suppliers will in no event exceed in the aggregate the greater of (a) the fees you paid to Evaneos in connection with the products and services or (b) One Hundred Dollars (US$100.00).
The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of Evaneos and/or their respective suppliers.
Article 9. Termination of Services
We reserve the right to terminate your Account automatically, at any time, in the event of a serious and/or repeated breach of one of your obligations that is not remedied after formal notice, or immediately in the event of an irremediable breach.
Without this constituting an obligation for us, we reserve the option of carrying out control operations, from time to time, unilaterally or at the request of a third party, intended to verify the User’s compliance with all the terms of these Terms of Use as well as the contractual documents supplementing and/or amending them. These checks may, where applicable, give rise to suspensions of the User Account, in particular where we request that the User provide information relating to the breaches identified. These checks may also, where applicable, give our Company the right to automatically terminate the User’s Account under the conditions set out above.
You may also completely delete your customer Account and your Content, unless a booking or booking request is still being processed. To delete your customer Account, you may:
• Go to the My Information section on the Mobile App, then click “Delete my account”;
• Write to Customer Service, at the address mentioned in Article 10 below, to request deletion.
Article 10. Point of contact
If You notice any abuse or violations, or for any complaint relating to the Service, contact our Customer Service by email at the following address: support@evaneos.com
Or in writing at the following address: Evaneos - Service Customer Care – 27 rue de Mogador - 75009 Paris.
You will attach to your request, a valid proof of identity after masking the non-essential elements such as your photograph, as well as your Account login details (but under no circumstances your password). For security reasons, before sending, these elements must be encrypted and password-protected, preferably using software such as 7zip.
Article 11. Access to the Evaneos Services
a. Creation and use of the Account
Evaneos offers its Services online from its Website and Mobile App.
An internet connection and a connection device are necessary to use the Service.
To access the features of the Website and Mobile App, You must register and create your Account to become a Member.
Creating the Account is free.
Your login identifiers must respect public order, public decency and the rights of third parties (not refer to a political orientation, an ethnicity, a community, a religion; not be vulgar or insulting; not have a sexual or even pornographic connotation; not resemble or imitate a registered trademark; not refer to a narcotic product or any other entity prohibited by law; not resemble or imitate the names of characters created by an online author; not resemble or imitate the name of an Evaneos Member; not be spelled alternatively with the aim of circumventing the rules imposed above).
b. Accessibility and technical operation of the Website and Mobile App
We undertake to implement all reasonable means to keep the Evaneos Website and Mobile App fully operational. We do not guarantee that the operation of the Website and Mobile App will be continuous and error-free.
Evaneos may not be held liable for the unavailability, interruption or malfunction of the Website or Mobile App, for any reason whatsoever, including in the event of failure of its internet service provider, its host, intrusion by third parties or force majeure.
Evaneos may not be held liable for the inconveniences or damages inherent in the use of the internet network, such as, in particular, the presence of computer viruses or spyware.
Evaneos may interrupt access to the Website and Mobile App as well as to the Services, in particular for maintenance and upgrade operations, or for any other reason, in particular technical. Evaneos is in no way responsible for the consequences that may result for the User or any third party.
It is recalled that Evaneos may terminate or modify the characteristics of its Services at any time, without notice.
You accept that Evaneos may in no case be held liable for any indirect material and/or immaterial damage of any nature whatsoever arising from the use or the impossibility of using the Evaneos Website or Mobile App, except in the event of proven fault on the part of Evaneos.
c. Refusal, suspension and interruption of access
Evaneos is free at any time to refuse, interrupt or suspend access to all or part of the Website and Mobile App or the Services, in particular for operational or maintenance reasons, to modify, suspend, or delete the Website and/or Mobile App and to end its publication on the internet network.
d. Free access to certain categories of services
Evaneos provides Users with general information services on open access, that is to say services free of charge and without any need for You to identify yourself or create an Account.
Article 12. The quote request
You must have Member status to request a quote from the Local Agencies.
Requesting a quote from the Local Agencies is free.
The processing of your quote request is subject to certain conditions:
• You are a natural person or act on behalf of natural-person Travelers;
• You are eighteen (18) years of age or older; or, if You are a minor, You have the authorization of your legal representative;
• You provide accurate, verifiable, complete and up-to-date personal information concerning the Travelers;
• Your email address must be valid and must be provided;
• The quote request must be made with a view to organizing a trip with a Local Agency in one of the destinations offered. Requests unrelated to this purpose, such as mere visa requests, will not be taken into account.
It is recalled that any person making a false declaration for themselves or for others is exposed, in particular, to the penalties provided for by applicable law.
Evaneos and the Local Agencies further reserve the right not to act on quote requests seeking practices contrary to the law, to public decency, or to the environmental and societal commitments made by Evaneos.
Article 13. Connection with the Local Agency
To be connected with a Local Agency to organize your trip, You must, in order:
1. Select a destination;
2. Either (i) choose your Local Agent and a proposed itinerary, or (ii) choose only a destination and plan your trip;
3. Describe the Travelers and your trip project;
4. Specify your expectations in terms of accommodation, support and travel pace;
5. Provide personal information that will allow the selected Local Agent to contact You;
6. If you have not yet created one, create an Account, as provided for in Article 11;
7. Receive an email confirming the submission of your form;
8. Receive a personalized quote directly from the selected Local Agent.
The choice of Local Agencies suggested by Evaneos to offer You a quote is based solely on these elements.
Article 14. Your liability
a. Liability related to the use of the Services
You acknowledge that you use our Services for personal and non-commercial use, except when you act in your capacity as a professional travel agency in the name and on behalf of Users or Travelers, or as a legal entity (company, works council, club, etc.) making a booking in the name and on behalf of Travelers.
You acknowledge, as a User of the Website and/or Mobile App, that You connect and use the Services offered at your sole risk. Subject to the provisions set out in Article 8 of these Terms of Use, we will not be held liable for the indirect damages (financial losses, loss of profits, exchange losses) that You, or a third party, may suffer, for any reason whatsoever, as a result of your connection to the Website or Mobile App, the impossibility of accessing or connecting, or the non-operation or operation of the Website or Mobile App.
This refers in particular to the damages that may arise from inaccurate Content, errors, slowness or interruption in transmission, loss, disappearance or alteration of data, viruses, whatever their origin, intrusions by third parties, and more generally the use of the Website or Mobile App or the impossibility of using it.
When you act in your capacity as a professional travel agency in the name and on behalf of Users or Travelers, you further acknowledge that you assume full liability associated with the use of our Services on behalf of these Users and Travelers, and that Evaneos may therefore in no case be held liable in this respect. Evaneos is not a party to the relationships you maintain with the Users or Travelers on whose behalf you act, and may not be held liable for the consequences resulting from your acts, omissions, errors, declarations, breaches or instructions in this context. In this context, you undertake to hold Evaneos harmless from any action or claim brought against it by a User or Traveler on whose behalf you act, and to bear any expense (including defense costs and attorneys’ fees), indemnification or judgment rendered in this respect.
b. Your liability related to viruses
We invite You to verify that any file transmitted or saved on the Website or Mobile App does not contain any virus. You may not save or transmit files that contain viruses or programs that destroy data. You will be held liable in the event of an infringement.
c. Your liability for your communications
You acknowledge that You are responsible for all electronic communications and content sent from your device used to connect to the Website or Mobile App (computer, mobile, etc.) and that You must use the Service in compliance with applicable laws.
Article 15. Evaneos’s role in the choice of Local Agencies
Evaneos has selected Local Agents that are experts in organizing tailor-made trips and that hold the authorizations and insurance required in their country of establishment.
To be an Evaneos partner, a Local Agency must meet demanding quality criteria. Our selection criteria are described on our Website https://www.evaneos.com/about-us/our-local-agencies/. In addition, the Local Agency undertakes to comply with a number of commitments toward our Members under the conditions described below.
The Local Agencies are subject to a specific verification by Evaneos in accordance with applicable regulations, allowing Evaneos to ascertain the Local Agency’s identification details.
Evaneos may be led to suspend certain Local Agencies if it has indications or reasons to believe that certain information elements are inaccurate, incomplete or obsolete.
Article 16. Terms of listing and ranking of the Local Agencies
Evaneos provides a Service that connects you with the Local Agencies. We will not charge You for our Service and we will not add any additional fees to the quotes provided to You by the Local Agencies. Our remuneration consists of the commissions paid to us by the Local Agencies, the amount of which has no impact on the listing of the Local Agency on the Website or Mobile App or on the choice of Local Agencies offered to Members during quote requests submitted via the Website or Mobile App.
PART TWO: TRAVEL SERVICES OFFERED AND SOLD BY THE LOCAL AGENCIES
Article 17. Liability for the Travel Services provided by the Local Agency
The contract for the travel services is concluded exclusively between You and the Local Agency.
The Local Agencies are solely responsible for the services they offer and for the choice of their providers.
In this respect, You will need to accept the booking terms and conditions provided by each Local Agency when You accept its quote and/or make a first payment.
You undertake to comply with the rules set out by the guide or by any other representative of the Local Agency.
These rules are intended to ensure the smooth running of the program and are also safety rules.
Article 18. Article 18. Standard information statement applicable to the trader when facilitating a linked travel arrangement online within the meaning of Article L. 211-2 III 1° of the French Tourism Code
If, after choosing a Travel Service and paying for it, You book additional Travel Services for your trip or vacation through the Evaneos Website or Mobile App, You will NOT benefit from the rights applicable to packages under Directive (EU) 2015/2302 and Article L.211-2 of the French Tourism Code.
However, if you book additional Travel Services during the same visit to the Evaneos Website or Mobile App, the Travel Services will form part of a linked travel arrangement. In this case, Evaneos has, as required by European Union law, protection in place to refund the sums You have paid it for services that have not been performed as a result of its insolvency. For more information on insolvency protection, see the Insolvency Protection section of our Legal Notice.
Article 19. Local Agencies Commitments
To be an Evaneos partner and offer You its services, the Local Agency undertakes to comply with a number of commitments toward Members, including:
• making personalized contact with You within 48 hours to initiate the organization of your trip and understand your expectations;
• providing Evaneos customers with the same pricing conditions as those offered to customers contacting the Local Agency directly at the time of the quote request;
• using only the messaging service and telephone provided via the Evaneos platform to communicate with You;
• providing You with all the services mentioned in the travel program;
• notifying Evaneos when the local correspondent is absent, regardless of the duration, and is unable to be responsive;
• doing its best to ensure the highest quality of services;
• endeavoring to find alternative solutions in the event of difficulties;
• communicating to You its terms of booking, payment and cancellation before any booking confirmation;
• holding all the insurance and regulatory authorizations in force in its country of establishment and undertaking to provide proof thereof upon Members’ request.
Article 20. Information relating to the contractual conditions of the Travel Services
Before making a booking with a Local Agency, You undertake to read and accept its booking terms and conditions as well as its terms of payment and cancellation, which will be provided to You by the Local Agency.
a. Cancellation
Any cancellation must be notified through a letter or email directly informing the Local Agent in the forms prescribed by the Local Agency’s terms and conditions. Cancellation fees may be borne by the Member. Their amount varies according to the time within which this cancellation occurs and the conditions of the Local Agency, to which it is your responsibility to refer.
We invite You to read carefully these cancellation, (pre)payment and no-show conditions and to make any future payment within the time limits agreed with the Local Agency.
It is the Member’s responsibility to notify their cancellation insurer within the time limits required by the cancellation conditions in order to verify whether they are eligible for coverage of the cancellation fees. The cancellation insurance premium is never refundable. The conditions transmitted by the Local Agency will be those it shall apply to You. In the event a payment has already been made, the amount of the cancellation fees will be withheld from the sums paid by the Member. If the Member made their payment on the Evaneos secure payment platform, Evaneos will, where applicable, credit it using the payment method initially used (credit card, direct debit, etc.).
b. Payment
Any booking is effective once a deposit has been collected.
The payment conditions are those provided for by the Local Agency’s terms and conditions, to which You must refer.
Each Local Agent is required to communicate to You its payment conditions and methods, and these are the ones that will be applied.
The Member pays for the travel services through the secure payment platform made available by Evaneos. To this end, the Local Agencies send Members a payment link by email, once the quote has been accepted. It is recalled that the benefit of the guarantees and protections associated with Evaneos’s intermediation is strictly conditional on payment of the price of the travel services on the Evaneos platform. Any payment made outside this platform excludes Evaneos’s intervention as an intermediary and deprives the Traveler of the benefit of the commitments and protections attached to this intermediation.
c. Modifications
After the quote has been sent by the Local Agent, including after You have given Your agreement or made a payment, it is possible that certain services or accommodations offered may no longer be available. In this case, where the possibility of subsequent modifications and replacement with equivalent services was provided for in the quote, you will be informed of these modifications. Where this possibility was not provided for in the quote, or where no equivalent service can be booked, your Local Agent will seek your agreement for any modification.
d. Unused services
Any trip cut short or interrupted, or any land, river, sea or air service not consumed for any reason whatsoever, may not give rise to any refund by the Local Agent outside the conditions provided for in its terms and conditions.
It is the responsibility of the Travelers or, where applicable, of the legal entities booking in their own name and on their own behalf, to take out, if they wish, insurance reimbursing unused services.
e. No guarantee from Evaneos regarding the services provided by the Local Agency
Evaneos acts as a marketplace and, as such, is not responsible for the services provided by the Local Agencies.
The Local Agency remains solely responsible for the proper performance of the services it markets, as well as for compliance with the legal and regulatory obligations applicable to it.
Consequently, Evaneos guarantees neither the availability, nor the quality, nor the conformity, nor the proper performance of the services provided by the Local Agencies, and may not be held liable for the breaches, non-performance, defective performance, delays, cancellations or damages attributable to a Local Agency or to a provider involved in the performance of the trip.
f. Assistance in the event of the Local Agency’s insolvency
In the event of the Local Agency’s insolvency, making it impossible for it to perform the selected travel program, Evaneos will provide its assistance to connect You with another Local Agency. As part of this commitment, Evaneos undertakes to ensure that you do not suffer any financial loss on this account.
Evaneos thus undertakes to compensate you up to the amount of the sums already paid to the insolvent Local Agency. This compensation will take the form of a refund if no alternative Local Agency is able to provide the travel program You have paid for, or of paying an equivalent amount directly to the substitute Local Agency. If all or the balance of the trip remained to be paid, these sums would be owed by You to the substitute Local Agency without Evaneos’s liability being sought on this account. In the event of a dispute with the Local Agency, before, during or after your trip, Evaneos’s customer service is at your disposal as part of our intermediary Services to help You resolve it with the Local Agency, and may be contacted for this purpose at the following address: support@evaneos.com
g. Insurance/assistance
As with all trips, it is advisable to be covered by insurance during your international trip: assistance for persons and medical expenses, accident insurance, repatriation, luggage insurance, cancellation insurance, civil liability. It is your responsibility to check your insurance coverage and, if necessary, to take out a policy.
We are not qualified to answer technical questions about the benefits, exclusions, and conditions of travel coverage plans and as such we cannot evaluate the adequacy of the prospective insured's existing insurance coverage. Further, we cannot guarantee that any insurance provider will approve coverage for a claim made under the insurer’s policy and make no representations about the extent of coverage for any policy it may offer or quote. If you have any questions about your travel protection, call your insurer or insurance agent or broker.
Certain countries have a requirement for foreign visitors to have valid medical insurance on entry. We cannot be held responsible for denied entry if a traveler is unable to provide such details to authorities of insurance or denial of entry for any reason. Declining to purchase an adequate travel protection plan could result in the loss of your travel cost and/or require more money to correct the situation. You also acknowledge that without this coverage, there may be no way to recoup any losses, costs or expenses incurred.
h. Destinations and Documentation.
Travel to certain destinations may involve greater risk than others. Evaneos urges travelers to remain informed daily as to current news, as well as to review travel prohibitions, warnings, announcements, and advisories issued by the United States Government prior to booking travel to international destinations. Information on conditions in various countries and the level of risk associated with travel to destinations can be found at https://travel.state.gov/content/travel.html and http://www.cdc.gov. In addition, you should consult with government websites to ensure that you are following all requirements for admittance into that country, including without limitation any COVID-19 requirements, as well as understanding local laws that govern travel within a country, such as medical tests and tracking. A U.S. State Department list of travel advisories is available at https://travel.state.gov/content/travel/en/traveladvisories/traveladvisories.html/. Should you choose to travel to a country that has been issued a travel warning or advisory, Evaneos will not be liable for damages or losses that result from travel to such destinations.
Travelers are solely responsible for obtaining and maintaining all required passports, visas, entry permits, inoculations and other required documents, and travel authorizations, including but not limited to ETIAS (European Travel Information and Authorization System), UK ETA (Electronic Travel Authorization), and any similar government-mandated authorization programs, and for complying with all entry, transit, and exit requirements of the countries visited. When travelling domestically within the USA or internationally, the U.S. Transportation Security Administration (TSA) and U.S. Department of Homeland Security (DHS) advise that everyone carry at least two forms of acceptable identification in order to board a flight, found here: http://www.tsa.gov/traveler-information/acceptable-ids. Air travelers with identification (ID) that does not meet the REAL ID ACT requirements will have to use alternate ID forms (passport, military ID, or permanent resident card) to pass TSA security checkpoints—even for domestic travel. Visas are required when they apply. You can find out if your international destination requires a visa and how to apply at https://www.usa.gov/visas-citizens-traveling-abroad. Travelers voluntarily assume full and sole responsibility for any and all risks and/or costs involved with failure to report any errors and/or omissions to documentation. In some countries you may be subject to entry (reciprocity) fees and/or departure taxes/ exit fees which will be collected at the airports upon entry/departure by local government authorities. Evaneos strongly recommends that you consider that certain countries will not admit a passenger if their passport expires within six (6) months of the date of entry. Many countries require a minimum number of blank pages in your passport book. Non-USA citizens may require additional documentation. Children and infants also require all such travel documents. Minors traveling with one parent, and/or without both parents, may be stopped and not admitted, unless authenticated and verified consent forms are provided to the authorities. In addition, the U.S. Customs and Border Protection Agency require that for groups of children under age 19 arriving to the United States by land or sea from contiguous territory and traveling with a school group, religious group, social or cultural organization, or sports team, may also present an original or copy of his or her birth certificate, a Consular Report of Birth Abroad, or a Naturalization Certificate. Parental or legal guardian consent must be provided to the supervising adult or group leader in writing. Please visit https://help.cbp.gov, www.travel.state.gov or https://www.dhs.gov/real-id for the most updated requirements for travel documentation.
The Smart Traveler Enrollment Program (STEP) is a free service provided by the U.S. Government to U.S. citizens who are traveling to, or living in, a foreign country. STEP allows you to enter information about your upcoming trip abroad so that the Department of State can better assist you in an emergency. Registration is recommended and provided by going to https://step.state.gov/step/. Certain countries restrict travelers with criminal convictions, even if expunged. Please inform us prior to booking with us if this applies to you and seek separate legal counsel to confirm your ability to travel to your desired destination. If you are denied access to a country or a Supplier due to a conviction, Evaneos shall not be liable for any losses, expenses, or refunds to you or anyone in your group.
In addition, recommended inoculations and vaccinations for travel may change and you should consult your practitioner for current recommendations before you depart. It is your responsibility to ensure that you meet all health entry requirements, obtain the recommended inoculations and vaccinations, take all recommended medication, and follow all medical advice in relation to your trip. Inoculation requirements can be found on the Center for Disease Control website at https://www.cdc.gov/.
YOU ACKNOWLEDGE ANY FAILURE TO STRICTLY COMPLY WITH THESE REQUIREMENTS MAY RESULT IN DENIED BOARDING OR AN UNDUE DELAY AT AN AIRPORT SECURITY CHECKPOINT CAUSING TRAVELER TO MISS FLIGHT(S), AND SUBSEQUENT SCHEDULED TRAVEL BOOKINGS TRIPS. EVANEOS BEARS NO RESPONSIBILITY FOR ADVISING AND/OR OBTAINING REQUIRED TRAVEL DOCUMENTATION FOR YOU, OR FOR ANY DELAYS, DAMAGES, AND/OR LOSSES INCLUDING MISSED PORTIONS OF YOUR VACATION RELATED TO IMPROPER DOCUMENTATION OR GOVERNMENT DECISIONS ABOUT ENTRY.
i. Chargebacks
While you agree not to make any improper chargebacks, in certain cases, you can dispute charges with credit card and other payment facilitation companies ("chargebacks"). Before initiating a chargeback, the Traveler must send an email to support@evaneos.com concerning any questions or concerns about our charges. We will work with you in attempting to resolve your concerns. Evaneos retains the right to dispute any chargeback that is improper and recover any costs, including attorney’s fees, related to improper chargebacks and to cancel any travel reservation related to that improper chargeback. The following chargeback scenarios are improper, and we retain the right to investigate and rebut the chargeback claims below, including without limitation:
- Chargebacks resulting from non-cancellable reservations, whether or not the reservation is used.
- Chargebacks resulting from charges authorized by family, friends, associates or other third parties with direct access to your credit card (this does not include credit card fraud).
- Chargebacks arising from inconsistency or inaccuracy with regard to the Local Agency’s product description.
- Chargebacks resulting from force majeure or other circumstances that are beyond the control of us or the Local Agency.
- Chargebacks resulting because you do not agree with the cancellation policy.
- Chargebacks resulting because you were not provided with an itemized breakdown of costs in connection with your trip.
- Chargebacks resulting from an experience where you were not satisfied with the services/products provided by travel Local Agency.
j. Force Majeure.
Evaneos assumes no liability for any loss, damage, delay, or cancellation resulting in whole or in part from an Act of God or any other force majeure condition, including, without limitation: natural disasters, fire, volcanic eruption, hurricane, environmental pollution or contamination, inclement weather, earthquake, low or high water levels, flood, water or power shortages or failures, tropical storms or hurricanes, riots or civil commissions or disturbances, or any other acts of a similar nature, sabotage, cybersecurity issues and/or technology outages or disruptions, changes of schedules or operational decisions of air carriers, arrests, strikes or labor disruptions, restraint of rulers or peoples, expropriations, acts of terrorism, war, insurrection, quarantine restrictions, government health advisories, epidemics, pandemics (including, without limitation, COVID-19), or warnings or alerts of any kind of nature, government seizures, refusal or cancellation or suspension or delay of any government authority or any license, permit or authorization, damages to its facilities or the travel Local Agency and its facilities, or any other unforeseen circumstances or any other factors unforeseen by Evaneos that impacts negatively on, or hampers, its ability to fulfill any of its contractual conditions (“force majeure”). In circumstances amounting to force majeure, we will not be required to refund any money to you, although if (and only if) we can recover any monies from our Local Agencies (it being under no obligation to do so), we will refund these to you without any charge by Evaneos.
k.Indemnification
Traveler agrees to and shall indemnify and hold harmless Evaneos and its Representatives from any expenses, losses, liabilities, damages, judgments, settlements and costs (collectively, “damages”) involved with or incurred by us or our Representatives (including, without limitation, reasonable attorneys’ fees and the advancement of same) with respect to any claims, law suits, arbitrations, or other causes of action, which result, directly or indirectly, from: (i) your breach or violation, or threatened breach or violation, of these terms of use and terms and conditions; (ii) any of your acts or omissions, including any damage caused by you to persons or property while participating in the trip, (iii) any force majeure or events beyond our control or inherent risk of travel; or (iv) claims brought by third parties in connection with any of the foregoing. The terms of this INDEMNIFICATION paragraph shall survive any termination or cancellation of these terms of use and terms and conditions, whether by operation of law or otherwise.
l.Assumption of Risk
Traveler is fully aware of the inherent risks connected with participating in the trip. These risks include, but are not limited to, risk of injury or death from: force majeure, motor and conveyance vehicle collisions, water related activities, animals, roadway hazards, slips, and falls, uneven terrain, criminal or terrorist acts, government actions, consumption of alcoholic beverages, tainted food, or non-potable water; exposure to the elements, including heat, cold, sun, water, and wind; seasickness, your own negligence and/or the negligence of others, including tour guides, other travelers, Evaneos and its Representatives; attack by or encounter with insects, reptiles, and/or animals; accidents or illness occurring in remote places where there are no available medical services; foodborne illnesses, dietary restrictions or allergic reactions, fatigue, chill, overheating, and/or dizziness; known or unknown medical conditions, illnesses caused by COVID-19 (or other pandemics and infectious diseases, etc.), physical exertion for which you are not prepared or other such accidents; the negligence or lack of adequate training of any third-party providers who seek to assist with medical or other help either before or after injuries have occurred; accident or illness without access to means of rapid evacuation or availability of medical supplies or services; the adequacy of medical attention once provided; equipment malfunctions; or a lack of safety features and/or failure to utilize any safety features.
FURTHER, Traveler hereby accepts and assumes full responsibility for any and all risks and agrees to and shall hold harmless and fully release Evaneos and its Representatives from any and all claims associated with the trip, including any claims of third party negligence and/or the negligence of Evaneos and/or its Representatives and traveler hereby covenant not to sue Evaneos and/or its Representatives for any such claims or join any lawsuit or action that is suing Evaneos. These terms of use and terms and conditions also bind your heirs, legal representatives and assigns. The terms of this HOLD HARMLESS AND RELEASE OF ALL LIABILITY paragraph, shall survive any termination or cancellation of these terms of use and terms and conditions, whether by operation of law or otherwise.
m.Non-Responsibility
Evaneos and its members, managers, owners, employees, affiliates, agents, contractors and representatives (“Representatives”) use third party Local Agencies to arrange tours, transportation, sightseeing, lodging, and all other services related to this trip. Evaneos is an independent contractor and is not a Representative of any of these Local Agencies. Evaneos does not own, manage, operate, supervise, or control any transportation, vehicle, airplane, hotel or restaurant, or any other entity that supplies services related to your trip. All Local Agencies are independent contractors and are not Representatives of Evaneos. All tickets, receipts, coupons, and vouchers are typically issued subject to the terms and conditions specified by each Local Agency, and by accepting the coupons, vouchers, and tickets issued by Local Agencies, or utilizing their services, all travelers agree that neither Evaneos, nor its Representatives are or may be liable for any loss, injury, or damage to any trip traveler or their belongings, or otherwise, in connection with any service supplied or not supplied resulting directly or indirectly from any occurrence beyond the control of Evaneos including in the event any third-party providers or healthcare professionals seek to assist with medical or other help and we are not liable for any costs or missed activities in relation to said assistance. Evaneos assumes no responsibility or liability for any delay, change in schedule, loss, injury or damage or loss of any traveler that may result from any act or omission on the part of others; Evaneos assumes no responsibility or liability for personal property; and Evaneos shall be entirely relieved of any obligations under these terms of use and terms and conditions in the event of any force majeure. Evaneos accepts no responsibility for lost or stolen items. Further, Evaneos reserves the right to refuse any customer or potential customer at its sole discretion.
n. Class Action Waiver and Limitation of Damages
YOU AGREE THAT YOU WILL ONLY BRING CLAIMS AGAINST EVANEOS IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. EVANEOS SHALL NOT IN ANY CASE BE LIABLE FOR OTHER THAN COMPENSATORY DAMAGES, AND YOUR PAYMENT OF A DEPOSIT ON A TRIP MEANS THAT YOU AGREE TO THESE CONDITIONS OF SALE AND EXPRESSLY WAIVE ANY RIGHT TO PUNITIVE DAMAGES. YOU FURTHER AGREE THAT IN NO EVENT SHALL EVANEOS LIABILITY TO YOU (OR ANY MEMBER OF YOUR TRAVELING PARTY, OR YOUR/THEIR HEIRS, SUCCESSORS AND ASSIGNS), FROM ANY CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, INDEMNITY, EQUITY, OR OTHERWISE), EXCEED TWICE THE COST OF THE COMMISSION WE EARN ON YOUR BOOKING (OR THE APPROPRIATE PROPORTION OF THIS IF NOT EVERYONE ON THE BOOKING IS AFFECTED). FOR THE SERVICES EVANEOS PERFORMED AND PROVIDED TO YOU IN CONNECTION WITH THESE TERMS AND CONDITIONS, AND THIS IS YOUR SOLE AND EXCLUSIVE REMEDY FOR A BREACH OF THESE TERMS AND CONDITIONS BY EVANEOS.
o. JURY WAIVER AND NOTICE OF CLAIM/INTENTION TO COMMENCE ACTION.
YOU HEREBY AGREE TO WAIVE YOUR RIGHT TO TRIAL BY JURY. YOU UNDERSTAND AND AGREE THAT NO CLAIMS WILL BE CONSIDERED AND THAT YOU WILL NOT BRING SUIT AGAINST EVANEOS UNLESS YOU HAVE FIRST PROVIDED A WRITTEN NOTICE OF CLAIM TO EVANEOS WITHIN THIRTY (30) DAYS AFTER THE TRIP OR CANCELLATION OF THE TRIP, FURTHER PROVIDED THAT YOU AGREE TO FILE SUIT WITHIN ONE (1) YEAR OF THE INCIDENT AND YOU ACKNOWLEDGE THAT THIS EXPRESSLY LIMITS THE APPLICABLE STATUTE OF LIMITATIONS TO ONE (1) YEAR.
p.Entire Agreement & Severability
These terms of use and terms and conditions, including the terms and conditions of our Local Agencies, and any other documents, including invoices, that we provide you constitutes the entire agreement, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, with respect to the Evaneos. If any provision of these terms of use and terms and conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. Failure by us to exercise or enforce any right or provision of these legally binding terms of use and terms and conditions shall not constitute a waiver of such right or provision.
FINAL PROVISIONS
Article 21. Applicable law and competent courts
The content of the Website is developed and governed by French law. These Terms of Use are subject to French law.
This applies to both substantive rules and formal rules, and its content will be assessed by the sole competent French jurisdiction. Conflict-of-law rules are excluded in favor of the full and unreserved application of French law, except where provisions applicable in your country of residence would require the application of other rules or another attribution of jurisdiction, and where such provisions cannot be set aside by contract. We draw your attention in particular to the fact that, if you are a consumer, the law applicable in your country of residence located in one of the European Union member states may provide for more favorable legal rules that will be binding on Evaneos if You so request.
Both You and We agree to submit any dispute between You and Us to the non-exclusive jurisdiction of the French courts, subject to more favorable mandatory provisions in your country.
Article 22. Modifications
Evaneos reserves the right to modify, at its sole discretion, the services, products and content offered on the Website and Mobile App, or to restrict access to them.
In the event of modification of these Terms of Use (in order to adapt them to legal, regulatory or technological developments, or to changes in the Services offered), the User will be informed by any appropriate means.
The modifications take effect upon expiry of a 30-day notice period from their notification. Before the expiry of this notice period, the User may terminate their Account free of charge and without reason. Continued use of the Service after the modifications come into force constitutes acceptance of the new terms.
Modifications made strictly necessary by a legal or regulatory development, by a decision of an authority or by a security imperative may come into force without notice, the User being informed thereof as soon as possible.
Article 23. Other provisions
In the event that any portion of these Terms of Use is declared invalid or unenforceable under applicable law, including, without limitation, the warranty exclusions and limitations of liability set out above, the invalid or unenforceable provisions in question will be deemed replaced by valid and enforceable provisions that best correspond to the intent of the original clause, the other terms of these Terms of Use remaining in force and full effect. The contracting parties undertake to apply, where applicable, a new provision that, from an economic point of view, will be as close as possible to the invalid provision.
Evaneos will have the right to assign, transfer, subcontract or delegate rights, duties or obligations under these Terms of Use. No such right is conferred on You.
These Terms of Use are available in the language of the Website or Mobile App.